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msp1976

07-13 10:12 AM

All,

Discrediting attorney Murthy does not serve our purpose. If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her. Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...

Everyone has their motives...What matters is the end product...

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bugmenot

07-16 06:17 PM

thats what is needed, someone needs to hit the numbers coz thats what talks here, calculate the amount that all the h1b's combined are paying/have paid so far, amount that directly benefits the social system , and the amount they will never see as they would have to leave

you have to showcase big big numbers i.e h1b tax is paying for so n so etc social dole etc, and that is the money that they have no gaurantee in ever benefetting from. thats the key

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tikka

06-10 09:41 PM

Hi Since have some down time.. maybe we can try and revive local chapters?

You folks - Jersey was quite active, maybe we can all work together.

Please PM me

thank you

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amsgc

07-02 09:36 PM

Regarding your argument on fairness:

On the contrary, under the current system immigrants from all nations do not have an equal opportunity to apply for a green card. Immigrants from the retrogressed countries are at an unfair disadvantage.

It is easy to see: A guy from ROW and a guy from India both are equally qualified engineers who have a EB2 PD of Jan 2008. The guy from ROW can apply to adjust status now, but the guy from India cannot apply until five years from now. That doesn't tell me that both immigrants have an equal opportunity.

Both immigrants would have had an equal opportunity if both could apply for GC at the same time. Once you have entered the country, have been gainfully employed, and your immigrant petition has been approved, how does it matter whether you came from India, china or Timbuktu? Your employer needs you for your skills, not your place of birth. Do you resolve your day to day office problems with your birth certificate pasted to your forehead?

Regarding your argument on diversity:

You need to understand that the country cap (set up 50 years ago) was NOT set up to give all countries an equal shot at sending EB immigrants to the US. The cap was based and an already existing xenophobic tendency (formally expressed way back in 1924) and the desire to retain the cultural and racial character of the US of '65. They would do fine with only handful of you if you didn't eat, drink, talk, walk and look like them.

Now, you need to understand another important point - The world has changed by leaps and bounds in the last fifty years, all made possible by advances in technology and a conscientious effort by governments to educate their people. As a result there are highly skilled people all over the world, who bring their own unique character and experience to the work place. And things have changed dramatically in the US too. Among other things, the US has become more accommodating to people of different cultural identities. Economically, the US is in need of more high skilled people than ever before. This is an irreversible trend, where the US of today is more interested in who you are and what you bring to the table than what you look like. If a few thousand Indians or Chinese are given the green card, based on their SKLLS, it will not alter the racial and cultural character of 300000000 Americans (that's 300 followed by six zeros). Rather it will only make it richer.

Usually politicians work in reactionary mode – they will espouse an idea once it is obvious that they can’t do without it. The fact that discussion to remove country caps in EB has come up in the congress means that the American people have already written it off as an absurd idea.

The agenda of this organization is pretty darn obvious if you care to go through the home page. The idea is to get as close as possible to a system of immigration that appropriately addresses the needs of the US economy and is fair to both Peter and Paul. A system which gives out a green card in a timely fashion, based on skills, job requirements, and the time when the process was started. We need to advocate a change because the current system says to Paul "screw you" and rewards Peter.

I've said it before and I'll say it again - I don't see how the per country limit is unfair! It was set up so that immigrants from ALL nations would have EQUAL opportunity to immigrate to the U.S. and to prevent any one (or two) countries from monopolizing the visa numbers. Getting rid of the per country limit would most certainly lead to immigration from a limited number of sources (countries) and thus jeopardize the diversity of the immigration process. Getting rid of it would be like robbing Peter to pay Paul because those countries who are severely retrogressed now would only see limited benefits and those who are not all that retrogressed would fall backwards - is that fair!? It seems these forms are dominated by "certain" groups who have their own agenda and don't really care about ROW! It makes me feel uncomfortable being an IV member from ROW!

I am on L1A visa with Company A & the I-94 was valid till September 10, 2007. Company B has filed my H1B on April 20, 2007 & I received I797 notice dated May 17, 2007 with change of status from Oct 1, 2007. In the meantime, Company A has filed an extention of status of L1A from September 10, 2007 on June 8, 2007. For which I received the I797 notice dated June 28, 2007. I have few question 1. What is my status from Oct 1, 2007, as I did not joined the company B. I am not in a position to leave Company A till Nov 15, 2007. As the I797 for L1 extention was of the latter date, whether the law of last action will be applicable here & I can work for Company A on L1 till Nov 15, 2007 2. If I can work on L1, whether my H1B approval get cancelled automatically. Whether the company B have to file I129 & I539 for me. 3. If I am out of status what should I do. Do i have go back to my native country immediately & leave to idea to work in USA for ever or there is any other way.

i did exactly like you.. Only thing need you to do is u can be with l1 with current company until nov 15th after that..u can work for h1b company..but remember if u want to continue to work for company A forever means not going to use h1b ..then u have to leave the country and then enter the country on l1 visa....if u want to use h1b in nov then it is fine to work with l1...i did that ..and had visa stamps 2 times afterwards...there were no problems...

Below is what Rajiv Khanna thinks. You can find it on http://www.forclients.com/cmsd/node/81 . I am not trying to play spoil sport here. I feel that we should be working towards recapturing the unused visa numbers / being able to file for 485, instead of focusing on costly law suits, given that the chances of winning are slim. I hope that I will be proven wrong as Rajiv hopes. You might ask me about the chances of getting them recaptured. That might be slim as well, but that will get rid of the base problem which is retrogression, if at all we are successful. Just my thoughts. The last para of Rajiv's post summarizes very clearly why the court will dismiss the case, even if they find DOS & USCIS to be wrong. I can confidently tell you that USCIS is not going to give rejection notices to any one in the next 45 days. They know that the more they delay the rejection notices, the more the time it will take for plaintiffs to file a case. By that time the VB will come up with some dates instead of "U". As Rajiv said, there might have been many instances of these lawsuits in which USCIS got away. I doubt, if we can even touch the DOS on this because, CA/VO is just one part of DOS and DOS is too powerful to be touched

Q. Can we file a lawsuit? A. Here is a legal answer as I see it. I hope I am proven wrong. I will elaborate further in our conference call. In my view, the lawsuit has a slim chance of succeess, but not in DC circuit. Our circuit is not likely to interfere with the exec easily. The strongest point is that govt. is changing a long standing practice, which requires rule-making under APA. The govt. will, of course, argue that they have issued amendments in the past and that this practice does not affect substantive rights. That would probably fly in the face of AC21 portability benefit which is, no doubt a substantive right.

Mootness is not a problem usually, because in a putative class action, we can always add more plaintiffs. Also, there are exceptions to mootness that could see a suit through.

I have not looked at the issues in great detail. Nevertheless, I think, the biggest problem is, if we dont get a hearing and an order within the month of July, the Court may have to dismiss the suit for inabaility to order relief (against the statute). This situation has occurred many, many times in the context of DV lottery cases.

Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this? -------- I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer

Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.

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mugwump

09-26 12:00 PM

She changed the article, but shouldn't we ask her to apologize for misinforming people???

When we emailed him about our concerns regarding this issue his response was the following: I have won many cases without it. It�s not something we need to worry about at this point b/c we don�t have receipts yet. If immigration needs it they will likely request it. To tell you the truth I'm still very worried. The cited press releases do clearly say that they MAY deny an AOS application. What disturbs me is... why on earth should someone NOT obey the instructions which are clearly laid out on the front pages of the I-485 application forms? Is there a benefit to NOT submitting the employment letter?

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Almond

07-05 01:36 PM

Financial situation of all the non paying members is so bad that they earn 55-60K on avg and beyond. They all have all the filmi difficulties we see every day. What more reasons do we need NOT to pay?

Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.

That is because the quota system does not apply as well in the 4th quarter of each year. Thats the explanation previously given. EB India has to hope for the end of each fiscal year for some magic to happen. EB ROW, please be patient it will be all yours after Oct. 2007 for the next 9 months.:) Those EB India stuck in 485.................it is either now or next year summer. If you don't see yours by Sep't, unless you have a PD pre go into hibernation and wake up in June or July 2008, you might find better luck at that time.

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ramus

07-04 08:20 AM

Veerug, I understand your concern. But $5000 was just number put by me as target.. I am sure we need more then that.. I feel if we put some target then people contribute and try to achieve it. But core member never said we just need $5000. So please don't stick with that number.. That number was just target that I thought we could meet. If you ask core members they going to say that we need more then that. As you know everything needs money.. Core is putting their time and mmoney and doing this all for everybody.. At least we can do is act on their action items.

Hope this makes little sense. Thanks.

I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.

I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.

I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?

Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?

Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.

I think -We have to come to our senses. The law wants to treat us as slaves. Do the work and go back. They do not want to give the opportunity to have the american dream. They do not have problem with mexicans, or arabic country people, or anybody. All they want is - we do not want smart talented ones to take our white collar jobs. We are screwed by our Desi employers, the law. We do it for $. So it is really upto us to choose from. Money or respect. When I see fellow indians, at the age of 40, I feel pity. Most of us would see that they are in dilema as what to do. What they are doing is correct. They live a succumbed life. Choose life !! is the better option !!

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ak27

02-20 09:32 AM

I have written to my congressmen couple of times but I am yet to recieve any response. I will contact his office again this week..

What happened to all the thesis and discussions? i felt disgusted listening to the state of the union address. i completely am of the opinion that everybody deserves a chance even those who are here illegally. But there is something wrong with a country which wishes to cater to them to favor them who broke the laws then the who indian community which barely breaks laws and is probably the most god fearing and law fearing group of people in this country. We have 0 representation in this nation. Taxation without representation. All the social security and medicare taxes I will never probably get to use it. I wish we could all muster the courage to quit the jobs and leave this country and let every client and employer deal with the fallout. Unfortunately we cant. Since there are 10 others in line behind me who will willing become slaves for the little comfort they get. Life has become very frustrating.

There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.

You do the math.

Not sure if the totals include GC holders

What i would say is that if folks from a particular country is getting 'edge' in numbers , then the diversity axe should be applied. In that sense i was wondering whether the country quota applied is 'fair' ( i know what is fair is determined by the country which made the rules/laws/practices . ) to India,China .

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perm2gc

01-16 06:08 PM

Guys please post any websites/forum where we can post our message.I will post it.I have already done in many websites but missed a few that are non-english.

amitjoey

07-18 12:45 AM

Applications already properly filed will be accepted, means all applications from the 2nd July to 16th July will be accepted if properly filed (Means: If they have the proper documents and are otherwise eligible, meaning filing fees and certified labor)